667 So. 2d 994 - As v. State’s Empirical Analysis
1996
Citation profile
28 state decisions
How this case has been cited
Cited by 28 later decisions — most recently December 2018 · most notably K.N.M. v. State (2001), KYL v. State (1997)
28 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on United States v. Jackson · 383 So. 2d 1186 - Beugnet v. Beugnet · 475 So. 2d 682 - Florida Bar Standard Jury Instructions Civil 85-1 · Forbes v. Holiday Corp. Savings & Retirement Plan · 573 So. 2d 284 - Holton v. State
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The law is clear that any judicially imposed penalty which needlessly discourages assertion of the Fifth Amendment right not to plead guilty and deters the exercise of the Sixth Amendment right to demand a jury trial is patently unconstitutional. United States v. Jackson, 390 U.S. 570 , 88 S.Ct. 1209 , 20 L.Ed.2d 138 (1968)." City of Daytona Beach v. Del Percio, 476 So.2d 197, 205 (Fla.1985) (quoting Gillman v. State, 373 So.2d 935, 938 (Fla. 2d DCA 1979), quashed on other grounds, 390 So.2d 62 (Fla.1980)); Hubler v. State, 458 So.2d 350, 353 (Fla. 1st DCA 1984); Fraley v. State, 426 So.2d 983, 985 (Fla. 3d DCA 1983), appeal after remand sub nom. Frazier v. State, 467 So.2d 447 (Fla. 3d DCA), rev. dismissed, 475 So.2d 694 (Fla.1985); McEachern v. State, 388 So.2d 244, 248 (Fla. 5th DCA 1980). As explained by the Florida Supreme Court in Holton v. State, 573 So.2d 284, 292 (Fla.1990), cert. denied, 500 U.S. 960 , 111 S.Ct. 2275 , 114 L.Ed.2d 726 (1991): A defendant has the right to maintain his or her innocence and have a trial by jury. Art. I, § 22, Fla. Const. The protection provided by the fifth amendment to the United States Constitution guarantees an accused the right against self-incrimination. The fact that a defendant has pled not guilty cannot be used against him or her during any stage of the proceedings because due process guarantees an individual the right to maintain innocence even when faced with evidence of overwhelming guilt. A trial court violates due process”
6 later decisions quote this exact passagee.g. K.N.M. v. State · TR v. State“I'm not so sure that's what we want in this time when violence in our community amongst young people is escalating. And especially, I've got a case here where this child is saying, `I didn't do it.' So I guess there was a phantom stabber that night, June 20. He didn't do it. And if she [victim] fell and there happened to be some bottles there, she fell against the broken bottle and cut her neck[.] .... I mean, this is a very bad act. This wasn't just a little pen knife that happened to be nearby or something. This was gotten and he came back to the scene. And now we have somebody saying, I didn't do it.”
2 later decisions quote this exact passagee.g. TR v. State · T.R. v. State“In my opinion, his failure to accept responsibility warrants more. There is no recommendation except for 20 hours of community service and a withhold. That's a slap on the wrist. I think this case warrants a lot more. I think it warrants an adjudication of delinquency, and I think it warrants a commitment to level 6[.]”
2 later decisions quote this exact passagee.g. TR v. State · T.R. v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.